New South Wales Consolidated Acts

SUPERANNUATION ACT 1916 - SECT 10W

10W Decrease in salary

(1) Where the salary of a contributor is reduced, the contributor shall continue to contribute for any units of pension that are in excess of the number of units that is, pursuant to section 12 (1), appropriate to the contributor’s salary as reduced.

(2) Where the salary of a contributor is reduced (whether before, on or after 13 January 1977) and the salary as reduced is actually paid as from a date after 12 January 1977, the contributor may, within 2 months after the date on which the reduced salary is actually paid to the contributor, elect not to contribute for one or more units of pension, not exceeding the difference between:

(a) the number of units that is, pursuant to section 12 (1), appropriate to the contributor’s salary as reduced, and

(b) the number of units that is, pursuant to section 12 (1), appropriate to the contributor’s salary as at the latest of whichever of the following days is applicable to the contributor, namely:

(i) the contributor’s entry review day,

(ii) the contributor’s last annual review day,

(iii) 12 January 1976,

(iv) the day on which the contributor became a contributor, if that day fell between 13 January 1976 and 12 January 1977 (both inclusive),

(v) the day as from which the number of units of pension for which the contributor was contributing was reduced under section 13, if that day fell after 12 January 1976,

(vi) the day as from which the number of units of pension for which the contributor was contributing was last reduced under this section or section 10WB or 10WC,

but so that the number of units in respect of which the contributor contributes is not reduced to less than 6.

(3) Where a contributor elects not to contribute for a unit of pension under subsection (2), the contributor’s contributions to the Fund in respect of the unit shall cease on and from the first day of the contribution period in which the salary as reduced is actually paid and shall be refunded to the contributor.

(4) No person has any rights in the Fund in respect of a unit of pension to which an election under subsection (2) relates.

(5) No person has any rights in the Fund in respect of an excess unit of pension referred to in subsection (1) and not the subject of an election under subsection (2), unless STC is satisfied that the contributor’s salary was reduced by reason of the contributor’s ill health or for some other reason which STC, having regard to the circumstances of the case, considers warrants the retention of entitlement to benefits under this Act in respect of the unit.

(6) Where no person has any rights in the Fund in respect of a unit of pension, as referred to in subsection (5), and the contributor ceases to be an employee, any contributions made by the contributor in respect of the unit shall be refunded to the contributor.

(7) Where a contributor elects not to contribute for a unit of pension under subsection (2), and subsequently the contributor’s salary is increased, this Act applies in relation to the increase as if the contributor had not been formerly entitled to the unit.

(8) A unit of pension in respect of which a contributor is contributing to the Fund ceases to be an excess unit of pension, as referred to in subsection (1), if the contributor’s salary is increased and that unit is one of the number of units that, pursuant to section 12 (1), is appropriate to the contributor’s salary as increased.